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03/01/2004-CC-Minutes-Regular1VIINiTTES; CITY COUNCIL, March 1, 2004 PRESENT; Mayor Tommy Kincaid, Councilman Andy Garza, Councilman Mike James, Councilman Jimmy Evans, Councilman Joe Higgs, Councilman Glenn Ervin OTHERS PRESENT: City Manager Jack Smith, City Secretary/Assistant City Manager Rose Chavez, Administrative Assistant/Assistant City Secretary Samantha Renz, Streets/Parks Superintendent John Henderson, City Engineer Mark Owens, Woodrow Barton, C.G. McNeill, Danny Cockrell, Jerry Jenkins, Liz Springer, John Springer, Belle Lawson, Jesse Lynch, Mike Lawler, Barbara Sormezler, Matt Sormezler. Patti Warren. Pollv Dwver. Chris Benuston, Ralph Cain, Kara Snyder, Elisabet Martinez, Ken Perry, Shelley Ruland, Mike Dobrovolsky, C.J. Smith, Arthur Kramer, Melvin January, Ken Wilson 1. Call Meeting to Order and led the Invocation, Councilman Ervin led the Pledge of Allegiance. CONSENT AGENDA 2. a) Approve Minutes: January 29, 2004 - Workshop January 27, 2004 - Workshop February 2, 2004 - Workshop February 12, 2004 - Special Called b) Disbursements Councilman Garza moved to approve the Consent Agenda. Councilman Ervin seconded. Motion carried unanimously. 3. Citizen's Input. Woodrow Barton, 807 N. 7"`, suggested the City start thinking about a new City Hall Building. City Manager indicated Mike Dobrovolsky had given them a list of trees that he recommended for the City of Sanger. 4. Consider and Possible Action on Ordinance #03-06-04 -Amending Exterior Facade Requirements for Residential Dwellings. City Manager indicated this was put on the agenda at the request of a Councilman. Staff is bringing the ordinance to the Council, so they may consider if they want to change it to 100% masonry requirement on residential. Mayor read caption: ORDINANCE #03-06-04 THAT CHAPTER 3, ARTICLE 3.1900 EXTERIOR CONSTRUCTION OF RESIDENTIAL DWELLINGS OF THE CODE OF ORDINANCES OF THE CITY OF SANGER, TEXAS, IS HEREBY AMENDED; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING FOR A PENALTY; AND PROVIDING FOR AN EFFECTIVE HATE. City Manager indicated it would be new construction only. Councilman Higgs asked about siding on the porches and in the entry ways. Discussed different construction of porches, entry ways, and gables. Councilman James indicated he would like to see it more than , but that he was not sure of the impact on the builders. Usually Masonite is used on two sides of the porch, he was not trying to pick on- custom builders but some of the lower end homes used a lot of siding. He had no problem with 100% from the plate level down. Danny Cockrell asked if this would affect all new permits or new subdivisions. Discussion. Council discussed that if a Final Plat has been approved on a subdivision, the rules in effect on that final plat will apply. Joe Smith, indicated that Plano has an ordinance that says the structure has to be a minimum of 80% brick. Through the permitting it is controlled, the whole thing has to be a minimum of 80%. Shelley Ruland indicated it may limit some of the creativity, and the city may get cookie cutter houses if they have to be all brick. She felt they would be limiting some builders who are now putting together some very nice homes. Councilman Evans moved to adopt Ordinance #03-06-04. Councilman Garza seconded. Motion carried 4 to 1, Councilman Ervin voted no. 5. Consider and Possible Action on Preliminary Plat for Sable Creek Addition. Melvin January, consulting engineer, addressed the Council. He presented a plat almost the same as presented to the Planning and Zoning, they were a little mistaken about the area they were donating to the city. He failed to say he would dedicate all of the flood plain. At the present time, 3.29 acres is outside the flood plain, the total is 11.33 acres. In most towns he has worked in, most of the athletic fields are in flood plains. The subdivision regulations do not prohibit land in the flood plain. Mayor indicted he did not see sidewalks or alleys, and the utilities are in the streets. Mr. January indicated they do not usually show sidewalks, but they do show right of ways. He pointed out a road section detail. The detail shows minimum 4 ft sidewalks along all streets on both sides with handicap ramps on all corners. Councilman Evans asked about the alleys. Mr. January indicated he did not see any other subdivisions with alleys. Mayor indicated that just because it was not done in the past does not mean they don't require it. All of the water, telephone cables and gas will be in the rights of way of the street, jbehind the curb, only storm sewer and sanitary sewer will be in the street. Discussed other two lanes of Indian Trail will be built when commercial is built. Mr. January indicated that if it is Council's desire that they are built prior to that, they will do it. Councilman James as why they wouldn't put a""" to Indian Lane. Mr. January indicated they would prefer not to have cut through traffic coming through the subdivision. They will put in pedestrian walks along Indian Lane. Discussed thorough fares. Councilman Evans asked about access to parks. Mr. January indicated they have McReynolds Road to access it. Councilman Evans indicated they told Planning and Zoning they would put in a road. Joe Smith indicated they said they would put in a walk way, not a road. Councilman Evans indicated he wanted a road. j Mr. January indicated they would provide a walkway of sorts, preferably clay base with cinder, and will provide screening as well from the houses. Shelley Ruland indicated they had asked for pedestrian access. Mayor indicated there are two 15 ft. easements on the West side. Polly Dwyer indicated there was problem getting over the creek. no Smith indicated they will not own it, they will give in to the City, but he will build a bridge over the creek. Mr. January indicated if he was designing the parks, he would put in a parkthat would have access off of Kirkpatrick to avoid traffic and give access to the general public. Councilman James indicated the developers always give the worst land for development. He felt they should develop a park in the middle of the subdivision so that the citizens could use it. Discussion continued regarding the park. Discussed lot sizes. Mr. January indicated the builder, that has expressed interest in the subdivision, wanted a 65 ft. deep pad, if they do that with a 65 ft wide lot they would have an 5500 sq ft lot. If they do that they can go back to the builder and see if they could live with a smaller pad. If they change the lot width they will change the lot depth to maintain a 7000 square foot lot. The space between the houses will be the same. Discussed parks and lot sizes. Mr. January indicated he did not think the city would want a bunch of small parks, it makes sense to have your parks located in large spaces where you can maintain them and accommodate bigger crowds. Councilman Evans asked the P&Z how they were feeling. Ralph Cain indicated when he voted yes, he wished he had voted no - he disagreed with everyone that says the park shouldn't be in the center. We are getting land that cannot be used for anything and calling it a park. Are we designating a safe place for the kids to play? Jesse Lynch, agreed with Ralph on the park, be a lot better to be in the center. It won't get overrun with traffic. Polly Dwyer indicated getting the 3+acres outside of the flood plain was great, better than some, she had issues with the lot sizes, but given the plan realized the developer felt they were giving as much as they could. Liz Springer asked if there was a creek through the subdivision. Mayor indicated Ranger Creek went through one side. Discussion regarding creek and flood plain. Councilman James asked if the road improvement was discussed at Pc&Z. Shelley -OVA indicated they asked for extra right of way. Councilman James cited ordinance 6.02b, and indicated the developer is responsible to pay half the street section of all perimeters to the subdivision. Discussed streets. Mr. January indicated that the developers are family people and they resent the implication that they don't like children. The issue with respect to the road is that if the ordinance requires it they will do it. If Ranger Creek pays for half of McReynolds Road, they will pay for the other half. Councilman Evans asked what others were doing. City Manager indicated the Fails property was platted over 20 years ago. Lake Ridge will do their side of the street if the dam is moved. Quail Run did the road by their subdivision. Mr. January indicated they will pave the street if the Council requires. Councilman James indicated he still had a problem with the variance on the lot size. Discussion. Councilman Garza asked if they were going to meet all setback requirements. Mr. January indicated they would. Discussed lot sizes, driveways, setbacks, etc. Councilman Evans asked if they could put this off and get everything submitted the way they want it. Joe Smith indicated he did not like to Leave in limbo, he would just as soon have it denied. They have a contract and a builder, and they do not have the luxury of extra time. Councilman Higgs asked about driveways. Mr. January indicated their wiii be a combination of rear, front and side miry garages. Councilman James asked if the preliminary plat does not show sidewalks are they required tp put them in. Staff indicated they were shown on page four and they are required to put them in. Councilman Evans indicated he the developer had given the walkway, the road for two years, will fix the road on Indian Trail, and help on McReynolds Road; the only problem he has is the lot size. Joe Smith indicated the zoning allows 7000 square feet, the only difference is the lot width. Councilman Higgs indicated he would like to know each ones number one concern. Councilman James indicated he did not like the layout of the entire development, does not like small lot sizes, or park location. He it not feel comfortable making a motion with all the things discussed, there is nothing in writing or on the plat. Joe Smith asked if they do realize this is the preliminary plat. They will not bring back a final without all of the items the Council has indicated they want. Councilman Ervin, would like park closer to the center of subdivision. Maybe half of it could be in the center, and he felt they should stick with the ordinance on lot sizes. Councilman Garza indicated he did not like the park size. He asked the City Engineer if he had any concerns. City Engineer indicated they have addressed all of his concerns. Councilman Higgs indicated 7000 square feet is still 7000 square feet no matter what shape. He was concerned about the park area, and the safety of children around the creek. Joe Smith indicated he felt there was too much of a negative connotation when you talk about flood plain. It's only two or three times out of a hundred years that it might flood. Discussion continued. Councilman Higgs moved to accept the Preliminary Plat for Sable Creek. Councilman Evans seconded. Motion carried 4 to 1. CounciIman Garza voted no. 6. Consider and Possible Action on Proclamation #03-01-04 -Proclaiming the Month of March 2004 as American Red Cross Month in the City of Sanger. Councilman James moved to approve Proclamation #03-01-04. Councilman Higgs seconded. Motion carried unanimously. 7. Consider and Possible Action Regarding Sidewalk Repair, Handicap Ramps and Designation of Handicap Parking Spaces. ►:1 Councilman James moved to hold off on sidewalk repair for 60 days and give the citizens time to work on it and come back to them with a plan, and that at that point they will begin repair on the sidewalks. Councilman Ervin seconded, Councilman Higgs indicated they are trying to find grants, he did not want to begin the project before the plan was complete and they knew where the funds would come from. City Secretary indicated the Texas Capital Grant applications should be available some time in April. The maximum on the grant is $150,000.00. The grant will cover sidewalk repair. John Springer asked the Council to at least consider a plan, and not set an arbitrary date. Mayer .asked if Jeff .Springer indicated when he could .meet with-the.M�xor. John Springer indicated Jeff cannot meet with him the following day but will set an appointment to meet with him. IVIr. -Springer asked that they postpone it oue Council meeting. Councilman James rescinded- his motion. Mayor tabled item until he could meet with Jeff Springer. Meeting Adjourned. T:� ///��(r // 'havez, City Sect C i f 4 .1 ���S��aS�4 ss �� � � I � 1 1 1 I f